The World Trade Center Registry Opened Again to Register 9-11 Workers

On November 13, 2013, Governor Andrew M. Cuomo signed significant protections for World Trade Center workers into the Workers' Compensation Law under Article 8-A. The legislation extends and enhances workers' compensation eligibility and benefits for World Trade Center workers. Most notably, the legislation reopens the World Trade Center Registry; extends the deadline period for filing Form WTC-12, Registration of Participation in World Trade Center Rescue, Recovery and/or Clean-up Operations, with a deadline to September 11, 2014; reopens previously time-barred World Trade Center claims and considers them timely; and adds qualifying conditions to the law. Reopening of Registry and Extension of Filing Period for Form WTC-12 The World Trade Center Registry, which preserves workers' compensation rights for those who performed rescue, recovery, and clean-up operations after the World Trade Center attacks, is now reopened and will remain open until September 11, 2014. Previously, any claims for which the associated Form WTC-12 was received after September 13, 2010 were time-barred. Those workers were not entitled to benefits. These claims will now be reopened and considered timely. Workers who participated in the rescue, recovery, and clean-up operations of the World Trade Center between September 11, 2001 and September 11, 2002, should promptly register their service participation with the NYS Workers' Compensation Board (Board). This registration will preserve workers'...

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Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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Snowden Offers to Fix Healthcare.gov

Do two negatives equal a positive? Today's post was shared by Steven Greenhouse and comes from www.newyorker.com

The N.S.A. leaker Edward Snowden today reached out to the United States government, offering to fix its troubled healthcare.gov Web site in exchange for immunity from prosecution. Speaking from an undisclosed location in Russia, Mr. Snowden said he hacked the Web site over the weekend and thinks he is “pretty sure what the problem is.” “Look, this thing was built terribly,” he said. “It’s a government Web site, O.K.?” Mr. Snowden said that if an immunity deal can be worked out, “I can get to work on this thing right away—I don’t need a password.” In addition to full immunity, Mr. Snowden said he is requesting that he be allowed to work from home. At the White House, President Obama offered a muted response to Mr. Snowden’s proposal: “Edward Snowden is a traitor who has compromised our national security. Having said that, if he knows why we keep getting those error messages, that could be a conversation.” Get the Borowitz Report delivered to your inbox.Photograph: AP.

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Jury weighs talcum powder-cancer link

Talc has been considered a potentially carcinogenic substance.Tody's post is shared from argusleader.com A jury has been asked to decide whether a Sioux Falls womans ovarian cancer was caused by her use of talcum-based body powder. Deane Berg, 56, sued Johnson & Johnson in 2009, saying her 30-year use of the companys products for feminine hygiene caused her illness and that the products should have carried warning labels. Bergs trial began almost two weeks ago in U.S. District Court in South Dakota. Jurors heard testimony from eight expert witnesses who sparred over decades of medical research on the topic and over the meaning of the talc found in Bergs cancer tissue. Berg, whose cancer is in remission, wants jurors to award damages for medical expenses and punitive damages for failing to warn the public. The company wants jurors to reject the notion that the mineral, which is used in toothpaste, chewing gum and aspirin, carries any real danger for consumers. During closing arguments Thursday morning, Bergs lawyers said talcum-based powders should carry a warning that notes the association between their use and increased risk of ovarian cancer. Berg learned of the possible link after her diagnosis in 2006, from a brochure she was offered at Sanford USD Medical Center. Studies dating as far back as 1971 have found an association. The International Agency For Research on Cancer lists talc as a 2B substance, meaning possibly carcinogenic to humans. Condom manufacturers stopped using the mineral in 1996, and a Johnson & Johnson subsidiary ceased using it in diaphragms that same...

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Open for Business Tomorrow: Healthcare.gov

Tomorrow marks an historic day in US history. The Federal government launches insurance enrollment under The Affordable Care Act.

Visit Healthcare.gov for further information.

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World Trade Center Health Program; Addition of Prostate Cancer to the List of WTC-Related Health Conditions

Recently the Federal Government approved benefits for prostate Cancer for those eligible for 9-11 Health Fund  Claims. The current deadline for some is October, 2013. See the links below the article to learn how to file a claim. Today's post was shared by Safe Healthy Workers and comes from www.federalregister.gov

Table A—Average Costs of Treatment for Prostate Cancer (2011$) Table B—Percentiles of Current Age (on April 11, 2012) for Current Members in the WTC Health Program by Gender and Responder/Survivor Status Table C— Prevalence Table for Prostate Cancer Table D—Cost per 80,000 Responders for Prostate Cancer, 2011$ Table E—Estimated Prevalence of Prostate Cancer by Year Based on 58,500 and 6,500 Responder and Survivor Population, Respectively and Assuming Cancer Rates at U.S. Population Average Table F—Estimated Treatment Costs of Prostate Cancer by Year Based on 58,500 and 6,500 Responder and Survivor Population, Respectively and Assuming Cancer Rates at U.S. Population Average (2011$) Table G—Estimated Prevalence of Prostate Cancer by Year Based on 80,000 and 30,000 Responder and Survivor Population, Respectively and Assuming Incidence of Cancer is 21% Higher Than the U.S. Population Due to 9/11 Exposure Table H—Estimated Treatment Costs of Prostate Cancer by Year Based on 80,000 and 30,000 Responder and Survivor Population, Respectively and Assuming Incidence of Cancer is 21% Higher Than the U.S. Population Due to 9/11 Exposure(2011$) Table I—Breakdown of Estimated Annual WTC Health Program Transfers for Prostate Cancer Based on 80,000 and 58,500 Responders and 30,000 and 6,500 Survivors, 2014-2016, 2011$ This final rule is effective October 21, 2013. Paul Middendorf, Senior Health Scientist, 1600 Clifton Rd. NE., MS: E-20,...

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Powerful New Videos Encourage Those Who Qualify to Seek Care through the World Trade Center Health Program

Many victims of the 9-11 World Trade Center terorist attack have not yet sought medical care nor filed a claim for benefits. Today's post was shared by Safe Healthy Workers and comes from blogs.cdc.gov

Glenn, a retired New York City police officer, shares how the World Trade Center Health Program helped him regain his health. Though the September 11th attacks were over a decade ago, thousands of people who were in the affected areas continue to experience physical and mental health symptoms as a result of their experience in the days, months, and even years following 9/11. They may not recognize that some cancers, a chronic cough, difficulty sleeping, or frequent heartburn that they— or their children— experience could be a 9/11 related health condition. NIOSH is teaming up with our community partners to spread the word that help is available through the World Trade Center (WTC) Health Program. Created by the James Zadroga 9/11 Health and Compensation Act of 2010, the WTC Health Program provides medical monitoring and treatment for responders at the World Trade Center and related sites in New York City, the Pentagon, and Shanksville, PA, and for survivors who were in the New York City disaster area. All care for covered conditions is provided at no out of pocket costs for those who qualify. The WTC Health Program has helped thousands regain their health following the September 11th terrorist attacks. This year the Program is launching a digital campaign to make sure that those who may qualify for care, but are not enrolled, get the help they need and deserve. The campaign features videos of members telling their stories. Both responders and survivors describe...

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Feds add prostate cancer to list of 9/11 health-related conditions

Today's post was shared by Pasternack Tilker Ziegler Walsh Stanton & Romano and comes from www.nydailynews.com

Prostate cancer has been added to the list of World Trade Center-related health conditions. The federal Department of Health and Human Services added the cancer to its register Thursday after being petitioned by the Patrolmen’s Benevolent Association, the city police officers union. The union cited a scientific study that found a 17% greater than expected rate of prostate cancer among first responders. The addition will cost the WTC Health Program an estimated $3 million to $6 million a year. “It’s a minor victory for the 9/11 community and a huge victory for those with prostate cancer,” said John Feal, who advocated for the Zadroga 9/11 health bill, named for NYPD officer James Zadroga, who died of respiratory problems following his rescue efforts at Ground Zero. Corinne Lestch

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More than 1,100 have cancer after 9/11

Today's post was shared by WCBlog and comes from www.cnn.com

Reggie Hilaire was a rookie cop on September 11, 2001.

He worked at ground zero for 11 days beside his colleagues -- many of them, including Hilaire, not wearing a mask. He was later assigned to a landfill in Staten Island, where debris from the World Trade Center was dumped.

For about 60 days between 2001 and 2002, the New York police officer was surrounded by dust.

In 2005, Hilaire was diagnosed with thyroid cancer. He underwent surgery and radiation. Just months later his doctor told him he also had multiple myeloma, a blood cancer that multiplies the body's plasma cells to dangerous levels.

It's a cancer that usually strikes much later in life. Hilaire was 34.

More than 1,100 people who worked or lived near the World Trade Center on 9/11 have been diagnosed with cancer, according to the Centers for Disease Control and Prevention.

A few months ago Hilaire received a letter from the CDC's National Institute for Occupational Safety and Health, officially offering him medical insurance under the World Trade Center Health Program. About 1,140 people have been certified to receive cancer treatment under the WTC Health Program, a representative told CNN.

These are the first numbers released since the program was expanded a year ago.

In September 2012, federal health authorities added 58 types of cancer to the list of covered illnesses for people who were exposed to toxins at the site of the World Trade Center in the aftermath of the 9/11 attacks.

Dr. John Howard,...

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NJ Court Sets the Evidentiary Proof Standard for a Pulmonary - Cardiovascular Claim

A NJ Workers' Compensation Court affirmed the dismissal of a pulmonary claim ruling that the evidence presented was lacking, and that the statutory limitations of expert medical fees do not act to the detriment of the injured worker in the proof of a workers' compensation claim.

"In her written opinion, the compensation judge found the testimony of Dr.Kritzberg more credible than that of Dr. Hermele. The judge found that petitioner's counsel “trie[d] to make it appear that petitioner presented to Dr. Hermele on his own for treatment. That is simply not true. Petitioner's counsel sent petitioner to Dr. Hermele. Dr. Hermele did not treat petitioner.” Additionally, of great significance to the compensation judge was the fact that petitioner had been treating with a cardiologist for twenty-three years, testified that he believed his breathing difficulties were related to his heart condition, and had never been treated for any pulmonary condition, despite testifying that his pulmonary complaints worsened in 1988, while continuing to work for respondent for eleven more years. The judge inferred that petitioner's cardiologist never referred him to a pulmonary specialist for treatment.

The Court also held that an "adverse inference" could be drawn when the injured worker does not offer supporting medical records into evidence to prove a claim.

"The compensation judge drew an adverse inference “from the fact the petitionernever produced a certified copy of the records from his treating cardiologist orhad Dr. Hermele review said records as part of his evaluation[,]” noting that Dr.Hermele readily admitted “there is a relationship between the heart and thelungs.”

Furthermore, the medical evidence presented at the time of trial, support the lack of causal relationship of a pulmonary medical condition caused by a pre-existing cardiovascular condition, rather than an independent pulmonary condition cause by exposure to industrial air pollution.

"Critical for the court were the chest x-rays taken of the petitioner which
showed that he did not have bi-lateral flattening of his diaphragm. If he
truly had pulmonary disease unrelated to his heart condition[,] you would expect
to find bi-lateral flattening of the diaphragm. Only the left side of petitioner's diaphragm was flattened[,] which is to be expected since both doctors
agreed petitioner has cardiomegaly (enlargement of the heart).....

Zadroga 9-11 Fund to Make Payments for Prostate Cancer

On May 2, 2013, the Administrator of the World Trade Center (WTC) Health Program received a petition (Petition 002) requesting the addition of prostate cancer to the List of WTC-Related Health Conditions (List) covered in the WTC Health Program. The Administrator has determined to publish a proposed rule adding malignant neoplasm of the prostate (prostate cancer) to the List in the WTC Health Program regulations.

Click here to read the Proposed Rule: A Proposed Rule by the Health and Human Services

Department on 07/02/2013

For more information about filing a claim click here.  Click to submit a case inquiry.

Related information about Zadroga 9-11 Claims:

The James Zadroga 9/11 Health & Compensation Act of 2010

Feb 16, 2011

On January 2, 2011, President Obama signed the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and financial compensation for victims, responders, and ...

http://workers-compensation.blogspot.com/

New York Dignitaries Celebrate The Zadroga Act Taking Effect

Jul 01, 2011

Signed into law in early January, the Zadroga Act provides sustained funding for the WTC Centers of Excellence and ensures that those facing 9/11-related health problems continue to receive monitoring and treatment ...

http://workers-compensation.blogspot.com/

NIOSH Fails to Link Cancer as Zadroga Fund Compensable

Jul 26, 2011

The National Institute for Occupational Safety and Health (NIOSH) published a report concluding that cancer is not a compensable disease for the Zadroga World Trade Center Victims Compensation Fund. The report ...

http://workers-compensation.blogspot.com/

Zadroga Health Fund: Utility Workers Suffer Increased Anxiety

Feb 24, 2011

The study may significantly increase the potential benefits that utility workers may obtain under the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and ...

http://workers-compensation.blogspot.com/

9/11 Fund Starts Making Payment to Victims

The Zadroga 9/11 Victims Claim Fund has started to make payments to victims of the World Trade Center attack. First Responders andthose who lived or worked in the immediate geographical site near "ground zero" may be entitled to the payment of benenfits for illness and injuries that they suffer as a result of the terrorist attack.

Those eligible include, individuals present at  a 9/11 crash site at the time of or in the immediate aftermath, who suffer physical harm as a result of the crashes or debris removal. Also the personal representatives of individuals who were present at a 9/11 crash site, who died as a result of the crashes or debris removal, are eligible to file claims.

Federal Government Urged to Protect Zadroga (9/11 Health Fund) Act from Looming Cuts

Lawmakers Advocate for the Heroes Who Answered the Call of Duty on 9/11 to be Treated With Same Dignity As Military Veterans -- Slashing 9/11 Treatment and Compensation Funds Violates Congressional Intent and Contradicts Precedent to Aid Injured and Sick

With the deadline nearing for Congress to negotiate a balanced deficit-cutting package or face deep automatic cuts across federal programs - known as sequestration - U.S. Senators Kirsten Gillibrand (D-NY) and Charles Schumer (D-NY), joined by Representatives Carolyn Maloney (D-NY), Jerrold Nadler (D-NY), Peter King (R-NY), and 9/11 first responders and survivors, stood at Ground Zero today calling on the Office of Management and Budget (OMB) to exempt the James Zadroga 9/11 Health and Compensation Act from automatic budget cuts should sequestration go into effect on January 1, 2013. The 2013 budget cuts already exempt veterans and at least six federal programs which aid the sick and injured from sequestration cut, including the Payment to Radiation Exposure Compensation Trust Fund, Radiation Exposure Compensation Trust Fund, Energy Employees Occupational Illness Compensation Fund, Vaccine Injury Compensation, Vaccine Injury Compensation Program Trust Fund, and the Black Lung Disability Trust Fund. In total, the OMB has included 150 exemptions to date – including the Federal Crop Insurance Corporation Fund and pensions for former Presidents.

During last summer's debt-ceiling crisis, a deal was reached to automatically cut over $1 trillion in defense and domestic programs, known as sequestration, if a "super committee" could not reach a balanced deficit reduction plan. Despite clear precedent for an exemption for health and compensation programs, a preliminary report by OMB shows that $24 million is slated to be slashed from the 9/11 Bill's Victim Compensation Fund, and an additional $14 million would be cut from the World Trade Center Health Fund in 2013.

The lawmakers emphasized that Congressional members from both parties must come together to work towards an alternative to sequestration – a process they believe to be the wrong approach to deficit reduction, and was only to be triggered as a matter of last resort. In the event that these automatic cuts to military and non-discretionary spending do take place, however, New York’s elected leaders will fight to save 9/11 funds from any sequester cuts.

The lawmakers wrote in a September 28th letter to OMB Acting Director Zients, “[W]e all agree that applying sequestration to these two programs [established by the James Zadroga 9-11 Health and Compensation Act] does not make sense, is not consistent with Congressional intent, does not follow precedent regarding trust funds provided for victims, and we would urge OMB to reconsider this initial finding if it is required to proceed with a sequester… We are concerned that OMB has not fully investigated the facts under which these programs operate.”

“Nothing exemplifies this unbalanced and draconian approach to deficit reduction more than asking our heroes who have already sacrificed so much to sacrifice yet again,” saidSenator Gillibrand. “Our 9/11 heroes who answered the call of duty should be treated with the same dignity as our veterans. Just as we have come together as Democrats and Republicans to fight for our heroes, I urge our colleagues to do the same and work towards a balanced approach that keeps struggling families from sacrificing the most.”

“This is one of the most poignant examples of why we must work to avert the sequester,” said Senator Schumer. “We can entirely avoid this problem if both parties agree to support a balanced deficit reduction plan that includes revenues as well as sensible savings. But in the event that they don't, we must work to make sure there that the burden does not fall on the national heroes who are finally receiving the help they deserve through the Zadroga Act. Veterans have been exempted from sequestration and the heroes who have rushed to towers after 9/11 should be treated the same. They risked their lives in a time of war and suffered for it.”

“Slashing tens of millions of dollars from the World Trade Center Health and Victim Compensation Funds is just plain wrong, said Congresswoman Maloney. “Both are paid for with a dedicated funding stream and do not add one red cent to our nation’s budget deficit. This is a time for all members of Congress to put aside those issues that may divide us and come together as we did in the wake of the 9-11 attacks. After giving our word to those health was affected that we would ‘never forget’ and promising them that we would help them deal with the serious health consequences of responding to the attacks, it would be dishonorable to say now, ‘we take that back.’”

“We are prepared to fight for every last dollar we allocated for our bill, the James Zadroga 9/11 Health and Compensation Act, and ensure that we do not ration assistance for the sick,” said Congressman Nadler. “Thousands of 9/11 responders and survivors are sick today because of their exposure to toxins in and around Ground Zero, and they depend on this funding for their health and well-being. We are calling on the Office of Management and Budget to reconsider its decision on exempting Zadroga from the sequester.”

“We have come too far and our 9/11 heroes have endured too much for this funding to be subjected to a bureaucratic reduction,” said Congressman King. “It would be a cruel hoax to finally allow these individuals to start their necessary treatment, only to find out they will not be able to continue it through no fault of their own.”

“Were I went to school 2 + 2 = 4. I am not sure how they do their math in D.C. The Zadroga bill reduces the deficit by $433 million, said John Feal, Founder and President of the FealGood Foundation. “Why cut a program that reduces the deficit ? We should be talking about adding funds to the bill and keeping it up and running for more than 5 years, certainly not talking about reducing it.”

“Union members fought far too long for health care and compensation for the victims, first responders, recovery workers, and residents of Lower Manhattan to allow that hard fought victory to be eroded by shameful budget cuts,” said New York State AFL-CIO President Mario Cilento. “I commend Senators Schumer and Gillibrand and Representatives Carolyn Maloney, Jerry Nadler, Peter King and the rest of the New York Congressional delegation for standing up for the heroes of 9/11 and pledge that we will not rest until they receive the care and support they deserve.”

“We fought hard for healthcare for those made sick by 9/11 and we will continue to fight for those among us who risked their health, their lives and brought Lower Manhattan back,” said Catherine Hughes, Chair of Community Board 1. “Our heroes must get the healthcare that they deserve period. As a nation we must pay our debts and eliminate government deficits, but the debt we owe to our first responders matters even more.”

In addition to noting that cuts to these programs would be devastating for the families of 9/11 victims and first responders, the five members of Congress also pointed out three key reasons why the 9/11 programs should be exempt from automatic cuts:

· The 9/11 health programs should be added onto the list of federal health and compensation programs that are already immune from cuts. There are currently 150 exemptions, including at least six programs established for injuries and illnesses, signed into law by February 2010—nearly a year before the 9/11 health bill was passed. Had the 9/11 health bill existed then, the 9/11 programs would have been among the items protected from sequestration.

· The proposed budget cuts are an affront to the 9/11 health law that was already formulated to cut the deficit. The 9/11 law was already devised to be fully paid for and to cut the deficit. According to the Congressional Budget Office's estimate, the law slashes $433 million from the deficit.

· The preliminary budget fails to take into account New York City’s agreement to voluntarily pay 10% share for the 9/11 program. Under federal rule, “activities financed by voluntary payments to the government” are exempt from sequester. Lawmakers pointed out that according to this statute, the City’s voluntary contribution should be protected from the sequester process.

The budget already spares veterans from most of the automatic budget cuts. OMB released a letter in April assuring that programs under the Veterans Affairs agency would be exempt from sequestration.

Full text of the lawmakers’ letter from September 28th is below:

Dear Acting Director Zients,

We are writing to convey our deep concern about the Office of Management and Budget’s (OMB) initial determination that the programs established by the James Zadroga 9/11 Health and Compensation Act are subject to sequestration under the Sequestration Transparency Act of 2012. As Members of Congress, some of whom voted for the “Budget Control Act of 2011” and some of whom voted against, we all agree that applying sequestration to these two programs does not make sense, is not consistent with Congressional intent, does not follow precedent regarding trust funds provided for victims, and we would urge OMB to reconsider this initial finding if it is required to proceed with a sequester.

The September 14, 2012 “OMB Report Pursuant to the Sequestration Transparency Act of 2012 (P. L. 112–155)” identifies the World Trade Center (WTC) Health Program, administered by the Department of Health and Human Services and the September 11th Victim Compensation Fund (VCF), administered by the Department of Justice as programs subject to sequestration. Both of these programs are listed as being subject to a 7.6 sequester percentage with the WTC Health Program’s $190 million budget authority for FY 2013 slated for a $14 million reduction and the VCF’s $322 million budget authority reduced by $24 million. Not only would these cuts be devastating for the victims that need assistance, we are concerned that OMB has not fully investigated the facts under which these programs operate.

For example, the 7.6% sequester estimate was applied to the total $190 million health program instead of subtracting the 10% payment volunteered by the City of New York prior to calculating the cut. Pursuant to the PAYGO Statue, Section 11(g) ‘‘Activities financed by voluntary payments to the Government for goods or services to be provided for such payments” are exempt from sequester. The City of New York has voluntarily agreed, through a memorandum of understanding (MOU), to pay a 10% share for the program. Therefore, including their portion of the funding violates the sequester process.

In addition, as OMB is aware, the PAYGO Statute which was signed into law in February 2010 includes 150 exemptions. Among the programs exempted are similar health and compensation programs that have been established for other injuries and illnesses such as: the Payment to Radiation Exposure Compensation Trust Fund, Radiation Exposure Compensation Trust Fund, Energy Employees Occupational Illness Compensation Fund, Vaccine Injury Compensation, Vaccine Injury Compensation Program Trust Fund, and the Black Lung Disability Trust Fund to name a few. But the 9/11 health and compensation funds did not exist at the time the PAYGO Statute was enacted. The James Zadroga 9/11 Health and Compensation Act, which established these funds, was not passed by the Congress until December 2010 and was signed into law by the President in January of 2011. Clearly had the 9/11 Heath and Compensation programs existed in February 2010, when the PAYGO law was passed, they would have been included on the list of specific exemptions and therefore we request that both the health and compensation programs are excluded from sequestration.

Moreover, the James Zadroga 9/11 Health and Compensation Act, when enacted, was not only fully PAYGO compliant with a dedicated stream of revenue that fully pays for the program, but in fact provided an additional $433 million in deficit reduction, revenue above what the Act spent. Given that it was fully PAYGO compliant and in fact in the end will lead to over $400 million in deficit reduction we do not believe that subjecting the two programs to sequester is proper or consistent with the precedent set by similar health and compensation programs provided to injured workers.

In conclusion, we know that the task before OMB is difficult and it is our sincere hope that Congress will find an alternative to sequestration. However, as your report states on page one, “The estimates and classifications in the report are preliminary. If the sequestration were to occur, the actual results would differ based on changes in law and ongoing legal, budgetary, and technical analysis.” We therefore write to you in the hope of pointing out that we do not believe that Congress intended to have these two programs fall under sequestration.

....

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

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Long Hours Linked To Health Problems And Lower Productivity

Guest Post by Deborah Kohl 
of the Massachusetts Bar

Many people are surprised to learn that mental disability claims due to workplace stress are compensable by workers’ compensation. Unfortunately, claims like these are on the rise as people work longer hours and feel the pressure of an increasingly competitive working environment. Recent studies on mental health and the workplace have led researchers to discover that, over time, conditions such as extended working hours and long periods of solitary work can lead to decreased productivity, anxiety, and even major depression.

Employers can create conditions that are more supportive of mental health by taking simple steps like allowing workers to take breaks where socializing is permitted.

While it may seem initially counter-intuitive, studies show that in the long run, policies like these can lead to a more productive workplace. Here are a few tips workers can use to stay mentally healthy at work:

• Form friendships in the workplace. A positive relationship with even a single colleague can make a big difference in combating loneliness and depression. A friend at your office could provide an ear when you really need to release some steam or just take a mental break from an intense task.

• That said, make a distinction between work and leisure, and make time for social activities outside the workplace. If at all possible, don’t skip holiday breaks. Take your vacation time; getting away from work for a few days at a time often revitalizes, and gives you a better perspective on things.

• Take care of your health by getting enough sleep and exercise. Sleep is your brain’s downtime. Research shows that during sleep, your brain uses the opportunity to process thoughts and information that it receives during your waking hours—which is why you often think better and more clearly after a good night’s rest. Meanwhile, regular exercise helps you produce and release hormones that improve your sense of well-being, plus it boosts  blood supply to the brain and other important organs.

Attorney Deborah G. Koh has focused her professional energies on workers’ compensation and disability law in Massachusetts through her over 30 years in practice. She is an active lecturer and author in the field, and has held several prestigious leadership positions, including serving as president of the Workers Injury and Law Advocacy Group. She is perennial listed in the publication Best Lawyers In America. Photo Credit: Ambro / FreeDigitalPhotos.net

Read more about "workplace stress"

Workers' Compensation: Overwork A Recognized Compensable ...

Jul 06, 2012

The Japanesse courts have coined "overwork" as a soaring compensable mental health condition based on depression cause by adverse work conditions. The worldwide economic downturn has resulted in more demanding ...

http://workers-compensation.blogspot.com/

Workers' Compensation: The James Zadroga 9/11 Health ...

Feb 16, 2011

... among those identified WTC-related listed conditions including a number of “aerodigestive” disorders, listed mental health conditions, and musculoskeletal disorders occurring during the rescue or recovery efforts, and (2) a ...

http://workers-compensation.blogspot.com/

Medical Monitoring Available Under the Zadroga 9-11 Health ...

May 08, 2011

Mental Health Conditions New onset or aggravation of pre-existing conditions for which clinical findings suggest onset is related to WTC exposure/injury: Post Traumatic Stress Disorder (PTSD); Major Depressive Disorder ...

http://workers-compensation.blogspot.com/

Workplace Stress Labeled Black Death of the 21st Century

Oct 09, 2011

A link between job security and mental health problems is also revealed in the survey. Employers planning to make redundancies in the next six months are significantly more likely to report an increase in mental health ...

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NIOSH Announces That 9/11 Cancers Are to be Covered Under Zadroga Act

The National Institute for Occupational Health and Safety today announce publication of a Rule that will allow for medical treatment coverage for 9/11 cancers suffered by 1st responders and residents of lower Manhattan as a result of September 11, 2001 attack on the World Trade Center.


"This rule modifies the List of WTC-Related Health Conditions 
in 42 CFR 88.1 to add the following conditions (types of cancer 
identified by ICD-10 code are specified in the discussion 
below): 
▪  Malignant neoplasms of the lip, tongue, salivary gland, 
floor of mouth, gum and other mouth, tonsil, oropharynx, 
hypopharynx, and other oral cavity and pharynx 
▪  Malignant neoplasm of the nasopharynx  
▪  Malignant neoplasms of the nose, nasal cavity, middle 
ear, and accessory sinuses 
▪  Malignant neoplasm of the larynx  
▪  Malignant neoplasm of the esophagus 
▪  Malignant neoplasm of the stomach 
▪  Malignant neoplasm of the colon and rectum 
▪  Malignant neoplasm of the liver and intrahepatic bile 
duct 
▪  Malignant neoplasms of the retroperitoneum and 
peritoneum, omentum, and mesentery 6 
▪  Malignant neoplasms of the trachea; bronchus and lung; 
heart, mediastinum and pleura; and other ill-defined 
sites in the respiratory system and intrathoracic organs 
▪  Mesothelioma 
▪  Malignant neoplasms of the soft tissues (sarcomas) 
▪  Malignant neoplasms of the skin (melanoma and nonmelanoma), including scrotal cancer 
▪  Malignant neoplasm of the breast 
▪  Malignant neoplasm of the ovary  
▪  Malignant neoplasm of the urinary bladder 
▪  Malignant neoplasm of the kidney 
▪  Malignant neoplasms of renal pelvis, ureter and other 
urinary organs 
▪  Malignant neoplasms of the eye and orbit 
▪  Malignant neoplasm of the thyroid 
▪  Malignant neoplasms of the blood and lymphoid tissues 
(including, but not limited to, lymphoma, leukemia, and 
myeloma) 
▪  Childhood cancers 
▪  Rare cancers  
    The Administrator developed a hierarchy of methods (detailed 
in Section IV of this preamble) for determining which cancers to 7 
propose for inclusion on the List of WTC-Related Health 
Conditions. "

Zadroga Benefits Proposed By NIOSH for Some Cancers

Mar 29, 2012

Zadroga Benefits Proposed By NIOSH for Some Cancers. A scientific committee has released a draft report recommending [Zadroga Act] compensation for 9-11 first responders. Those cancers include: esophagus, stomach, ...

http://workers-compensation.blogspot.com/

50 Cancers To Be Covered Under the 9-11 Zadroga Health Claim ...

Jun 08, 2012

The New York Times is reporting this afternoon that The National Institute for Occupational Safety and Health (NIOSH) has approved for compensation payments 50 types of cancers from the $4.3 Billion Zadroga 9-11 Fund.

http://workers-compensation.blogspot.com/

Zadroga Benefits Should Cover Cancer Claims for 9-11 Victims

Feb 08, 2012

Jon Stewart advocates for the Zadroga 9-11 Bill to cover cancer claims. The legislation enacted over a year ago provides benefits for those who were in the vicinity of the World Trade Center on September 11, 2001.

http://workers-compensation.blogspot.com/

Workers' Compensation: Mesothelioma Rates Continue to be High

Jun 29, 2012

Mesothelioma is a rare but highly fatal cancer of the thin membranes surrounding the chest cavity or abdominal cavity. The only well-established risk factor for mesothelioma is exposure to asbestos fibers. Prior asbestos ...

http://workers-compensation.blogspot.com/

Asbestos Cement Factories Pose High Risk Mesothelioma

Jul 20, 2012

An increased risk of developing asbestos related disease, including mesothelioma, was identified in a recent study. Asbestos exposure has caused an epidemic of claims for workers' compensation benefits in the United ...

http://workers-compensation.blogspot.com/

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For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.